South Dakota Codified Laws
Chapter 06 - Comprehensive City Planning
Section 11-6-27 - Recommendation and adoption of subdivision regulations--Purposes of regulations--Notice and public hearing required.

11-6-27. Recommendation and adoption of subdivision regulations--Purposes of regulations--Notice and public hearing required.
In exercising the duties granted to it by this chapter, the planning commission shall recommend and the council shall by ordinance adopt regulations governing the subdivision of land within its jurisdiction as defined in §11-6-26. Such regulations may provide for the harmonious development of the municipality and its environs; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the comprehensive plan of the municipality; for adequate open spaces for traffic, recreation, light, and air; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, or prosperity. Before an adoption of its subdivision regulations or any amendment thereof, the council shall hold at least one public hearing. Notice of the time and place of the hearing shall be given once at least ten days in advance by publication in a legal newspaper of the municipality. Any interested person shall be given a full, fair, and complete opportunity to be heard at the hearing, and the governing body may refuse or adopt the ordinance, with or without amendment.

Source: SL 1949, ch 198, §12; SDC Supp 1960, §45.3312; SL 1966, ch 145; SL 1999, ch 65, §16.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 11 - Planning, Zoning and Housing Programs

Chapter 06 - Comprehensive City Planning

Section 11-6-1 - Definition of terms.

Section 11-6-2 - Planning and zoning commission required in municipality--Comprehensive plan to be effected.

Section 11-6-3 - Contract for county planning and zoning services--Fees--Powers of county commission--Designation of planning commission--Contracts for special services.

Section 11-6-4.1 - Temporary addition to planning commission of resident of affected outside area.

Section 11-6-7 - Employees appointed by city council--Contracts for special services.

Section 11-6-8 - Information furnished by public officials--Examinations and surveys--General powers of commission.

Section 11-6-9 - Expenditures of planning and zoning commission--Funds, equipment and accommodations.

Section 11-6-10 - Territorial extent of powers granted by chapter--Electrical service areas not affected.

Section 11-6-11 - Territorial extent of general zoning powers--Express provision as to extraterritorial operation--Division of overlapping extraterritorial zones.

Section 11-6-12 - Zoning regulations in joint jurisdictional areas--Public hearing--Recommendation of each planning commission.

Section 11-6-12.1 - Joint meeting to act on recommendations--County concurrence required for municipal extraterritorial powers--Petition for relinquishment of zoning jurisdiction.

Section 11-6-13.2 - Referendum applicable--Time of election on referred measures.

Section 11-6-14 - Preparation of comprehensive plan for municipal development--Contents of plan--Changes or additions.

Section 11-6-15 - Surveys and studies in preparation of comprehensive plan--Purposes of plan.

Section 11-6-16 - Plan proposed as a whole or in part.

Section 11-6-17 - Public hearing required before recommendation of plan to council--Notice--Submission.

Section 11-6-18 - Vote required for adoption of plan--Notice and hearing--Reference to maps and descriptive matters--Signature of mayor--Ordinance subject to publication and protest provisions.

Section 11-6-18.1 - Filing of action adopting comprehensive plan.

Section 11-6-18.2 - Summary of city council action to be published--Notice of public inspection.

Section 11-6-24 - Recommendation and adoption of building and setback regulations--Public hearing and notice required.

Section 11-6-25 - Board of adjustment to consider variances in hardship cases--Municipal planning and zoning adjustment provisions apply.

Section 11-6-26 - Subdivisions outside municipal corporate limits not approved pursuant to § 11-3-6.

Section 11-6-26.1 - Review and recommendation by county commission when land subject to joint municipal-county jurisdiction--Vote of city council required upon disapproval by county commission--Board may designate county official to make recommendati...

Section 11-6-27 - Recommendation and adoption of subdivision regulations--Purposes of regulations--Notice and public hearing required.

Section 11-6-28 - Streets and utilities covered by subdivision regulations--Provision for tentative approval of plats.

Section 11-6-29 - Bond for completion of subdivision work--Remedies for enforcement of bond.

Section 11-6-30 - Special assessment provisions in lieu of bond for completion of subdivision work.

Section 11-6-31 - Subdivision plats or replats to be submitted to planning commission--Recommendation to council.

Section 11-6-32 - Time allowed for approval or disapproval of plat--Plat deemed approved in absence of action--Ground of disapproval stated.

Section 11-6-33 - Dedication not accepted by approval of plat.

Section 11-6-34 - Register of deeds not to record plat unless approved by city council or other designated official.

Section 11-6-35 - Sale, transfer, or negotiation to sell lots before approval and recording of plat as petty offense--Injunction.

Section 11-6-36 - Approved plat required for street or utility work after attachment of platting jurisdiction.

Section 11-6-37 - Street construction specifically authorized by ordinance--Vote required to overrule planning commission.

Section 11-6-38 - Buildings prohibited on unapproved streets--Injunction action available.

Section 11-6-39 - Continuation of lawful uses existing when zoning ordinance adopted--If nonconforming use discontinued one year, subsequent use must conform.

Section 11-6-40 - Platting of certain land required.

Section 11-6-40.1 - Transfer of ownership plat.

Section 11-6-41 - Sign to notify public about petition and hearing on zoning change or conditional use permit.